The Karnataka Scheduled Castes and Scheduled Tribes (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Services under the State) Act, 2022

KARNATAKA ACT NO. 01 OF 2023

THE KARNATAKA SCHEDULED CASTES AND SCHEDULED TRIBES (RESERVATION OF SEATS IN EDUCATIONAL INSTITUTIONS AND OF APPOINTMENTS OR POSTS IN THE SERVICES UNDER THE STATE) ACT, 2022

Arrangement of Section Sections:

(1) This Act may be called the Karnataka Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of Appointments or posts in the services under the State) Act, 2022. (2) It shall be deemed to have come into force with effect from the 01st day of November, 2022.

In this Act, unless the context otherwise requires,- (a) "Educational Institution" means any college or other institution, or any other institution maintained by the State or receiving aid out of the State funds, or recognized by the State, and affiliated to any University established by law in the State; (b) "Government" means the Government of Karnataka; (c) "Reservation" means reservation of seats in educational institutions or of appointments or posts in establishments for the persons belonging to the Scheduled Castes and the Scheduled Tribes; (d) "Scheduled Castes" means the Scheduled Castes as defined in clause (24) of Article 366 of the Constitution of India; (e) "Scheduled Tribes" means the Scheduled Tribes as defined in clause (25) of Article 366 of the Constitution of India; (f) "State" means the Government of Karnataka. (1) In this Act, unless the context otherwise requires,- (a) "Scheduled Castes" shall have reference to the Scheduled Castes specified in the Constitution (Scheduled castes) Order, 1950 made under Article 341 of the Constitution of India and as amended from time to time; (b) "Scheduled Tribes" shall have reference to the Scheduled tribes specified in the Constitution (Scheduled tribes) Order, 1950 made under Article 342 of the Constitution of India and as amended from time to time; (c) "Government" means the Government of Karnataka; (d) "Educational Institutions" means any school, college or other educational institution maintained by the State or receiving aid out of the State funds; (e) "Service or Post" means a civil service of the State of Karnataka or a civil post under the State of Karnataka, and includes a service or post in these establishment in the Public Sector; (f) "Establishment in Public Sector" means, (i) a Co-operative society registered or deemed to have been registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959); (ii) an educational institution established or maintained or aided by the State Government; (iii) a Government company within the meaning of section 617 of the Companies Act, 1956 (Central 01 of 1956); (iv) a local authority ;and (v) a statutory body or corporation established by or under a State Act owned or controlled by the State Government. (2) All other words and expressions used but not defined in this Act shall have the same meaning as assigned to them in the Karnataka General Clauses Act, 1899 (Karnataka Act 03 of 1899).

Notwithstanding anything contained in any law for the time being in force, the reservation in respect of the annual permitted strength of seats in each branch or discipline in educational institutions and in the State aided educational institutions for the persons belonging to the Scheduled Castes and the Scheduled Tribes shall be such as may be notified by the Government from time to time: Provided that the reservation of seats for the persons belonging to the Scheduled Castes and Scheduled Tribes shall not exceed fifty percent in the aggregate of the total number of seats. Having regard to the social and educational backwardness of the persons belonging to Scheduled Castes and Scheduled Tribes the reservation in respect of each branch or faculty for admission into educational institutions in the State for the persons belonging to the Scheduled Castes and the Scheduled Tribes, shall be seventeen percent and seven percent respectively.

Notwithstanding anything contained in any law for the time being in force, the reservation for the persons belonging to the Scheduled Castes and the Scheduled Tribes in appointments or posts in the services under the State shall be such as may be notified by the Government from time to time. Having regard to the social and educational backwardness of the persons belonging to Scheduled Castes and Scheduled Tribes, the reservation for appointments or posts in the services under the State for the persons belonging to the Scheduled Castes shall be increased from fifteen percent to seventeen percent and the Scheduled Tribes shall be increased from three percent to Seven percent, respectively. Explanation: - For the purposes of this Act, "Services under the State" includes the services under, (i) the Government; (ii) the Legislature of the State; (iii) any local authority; or (iv) any corporation or company owned or controlled by the Government.

The reservation provided for in this Act shall not affect any reservation made in favour of other backward classes or any other category in accordance with the law. Notwithstanding anything contained in sections 3 and 4, the claims of the persons belonging to the Scheduled Castes or Scheduled Tribes shall also be considered for the unreserved seats, appointments or posts which shall be filled on the basis of merit and where a person belonging to the Scheduled Castes or Scheduled Tribes is selected on the basis of merit, the number of seats, appointments or posts reserved for the Scheduled Castes and Scheduled Tribes as the case may be, shall not in any way be affected.

(1) The Government may by notification in the Official Gazette can make rules for carrying out the provisions of this Act. (2) Every rule made under this Act shall be laid before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may by order, make provisions not inconsistent with the provisions of this Act as or it be necessary or expedient for removing the difficulty: Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section shall as soon as may, after it is made, be laid before each House of the State Legislature.

(1) The Karnataka Scheduled Castes and Scheduled Tribes (Reservation of seats in Educational Institutions and of Appointments or posts in the services under the State) Ordinance, 2022 (Karnataka Ordinance 07 of 2022) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under this Act.